OSHA 1994 AND FMA 1967 Chapter 4 (cont.)
OSHA 1994
The aims of this Act are
to secure the safety, safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work
to protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work
to promote an occupational environment env ironment for for persons at work which is adapted to their physiological and psyc psyc hological needs
to provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health.
IMPORTANCE OF THE ACT
The Act is necessary to overcome the limitations of the Factories and Machinery Act 1967 (FMA 1967) in the following aspects:
Scope of Application
Prescriptive Provisions
Approach
Scope of Application
The scope of FMA 1967 only covers 24 percent of the total labor workforce (i.e. 6.8 million in year 1980) nationwide. Those protected are workers in the sectors defined as a factory namely:
Manufacturing
Mining and Quarrying
Construction
Prescriptive Provisions
The Factories and Machinery Act 1967 (FMA 1967) provides prescriptive provisions, of which, over time, became irrelevant. The provisions provide in detail the necessary actions to be taken to prevent occurrence of accidents. For example, the provision requires all machinery parts to be strictly guarded according to the specifications stated under the Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970.
Approach
The approach of the Act was based on the traditional method of using a checklist system. The checklist system puts emphasis on workers, system of work, machineries and working environment by preventing accidents and industrial diseases. This approach gave the impression that the responsibility of occupational safety and health purely lies in government controls, resulting in industries becoming too dependent on the government regulations.
At the same time, accident statistic in other sectors were high not covered under the FMA 1967 recorded alarming rates, especially fatality and permanent disability cases. This urged the government to draft an additional piece of law in order to control these activities.
PHILOSOPHY AND PRINCIPLES
The philosophy and principles of this Act differs from the prescriptive nature of the Factories and Machinery Act. The Act address the responsibility to ensure a safe and healthy workplace lies with those who create the risk and those who work with the risk. This philosophy advocates three main principles:
Self regulation
Consultation
Worker cooperation and participation
The provision of the Occupational Safety and Health Act 1994 are based on the self-regulation scheme. Its primary responsibility is to ensure safety and health of work lies with those who create the risks and those who work with the risks. Through self-regulating scheme that is designed to suit the particular industry or organization, this Act also aims to establish effective safety and health organization and performance. The concept of self-regulation encourages cooperation, consultation and participation of employees and management in efforts to upgrade the standards of safety and health at the workplace. The Occupational Safety and Health Act 1994 is enforced by the Department of Occupational Safety and Health (DOSH), a government department under the Ministry of Human Resources
FACTORIES AND MACHINERY ACT 1967 (ACT 139)
The Factories and Machinery Act was enacted in 1967 as Act 64. It was revised on 1st April 1974 and amended to the Laws of Malaysia Act 139. The objectives of the Act:
To provide control on factories to secure safety, health and welfare of person therein
For the purpose of registration and inspection of machinery and for matters connected therewith
Application
OSHA 1994 supersedes the FMA 1967 in the event of any conflict
FMA 1967 applies to mainly factories and construction sites
FMA and OSHA –enabling act (give power to minister to gazette detail regulations)
Contains some general provision on safety, health and welfare
Application
FMA-limited to manufacturing industry, mining and quarrying and construction
do not contain detail provisions on specific matters Detail
provisions are stipulated under the regulations
Arrangement
FMA 1967 divided into 6 parts:
Part 1: Preliminary
Part 2: Safety, health and welfare
Part 3: Persons-in-charge and certificates of competency
Part 4: Notification of accidents, dangerous occurrence and dangerous diseases
Part 5: Notice of occupation of factory and registration and use of machinery
Part 6: General
Part 1: Preliminary
Definition of a factory:
There must be premises and its boundaries can be defined;
Within the premises there is manual labor doing process
The process must involve the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up demolition or adapting for sale any article; and Part I – building operations, hoisting machine, machinery, steam
The processes must be for trading.
Factory may be defined as any premises or part of a premises where trade for the purposes of gain to any business, where 5 or more persons employed. Factory covers all places of work using machinery including building operations and works of engineering construction.
Part 2: Safety, Health and Welfare
Key points:
Premises must be structurally sound with safe access to work areas, materials and goods must be safely stacked (Section 10)
Machinery must be of sound construction and dangerous parts must be fenced(Section 14, 15, 16)
Employees must not misuse safety and health equipment(Section 20)
Employees not to endanger himself or other person
Premises must be kept in clean state, with adequate work space, ventilation, lighting and toilets (Section 22)
Persons must be supplied with adequate facilities for clothing, storage, drinking, water, first aid and washing facilities (Section 25)
Employees must be trained on the safety of machinery (Section 26)
Part 3: Persons-in-charge and Certificates of Competency
Key points:
Machinery operators must be adequately trained or under the supervision of a trained person (Section 26);
Young persons (< 16 years) must not operate machinery (Section 28)
Part 4: Notification of Accidents, Dangerous Occurrence and Dangerous Diseases The occupier must notify the nearest inspector of accidents and diseases. Accidents include:
Loss of life; Injury to a person who loses more than 4 days work (loss time injury –LTI); Serious damage to machinery or other property (Section 31).
Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33)
Part 5: Notice of Occupation of Factory and Registration and Use of Machinery
NotifyDepartment of Occupational Safety ad Health (DOSH) within 3 months of the intended start date (Section 34) Building operations must be notified if last more than 6 weeks(Section 35) Changes to the use of factory or machinery must be notified to DOSH Fills a standard form together with (a) layout plan of the factory; (b) list of products to be manufactured; (c) list of machines to be used; (d) list of chemicals, toxic or flammable substances to be used, and (e) detail flow chart of the processes.
Part 6: General
General penalty RM2,000.00
Certain sections is RM5,000.00 (Section 51)
Or imprisonment not exceeding 2 years
Or both
Schedules
Schedule 1 Defines dangerous occurrencesto machinery that need to be notified
Schedule 2 Describes the types of injury that may be classified as “serious bodily injury”
Schedule 3 Lists notifiable industrial diseases
Regulations under the Act
Factories and Machinery (Certificates of Competency –Examinations) Regulations, 1970 Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970 Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970 Factories and Machinery (Notification of Fitness and Inspections) Regulations, 1970
Factories and Machinery (Person-In-Charge) Regulations, 1970
Factories and Machinery (Safety, Health and Welfare) Regulations, 1970
Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970
Factories and Machinery (Administration) Regulations, 1970 Factories and Machinery (Compounding of Offences) Rules, 1978 Factories and Machinery (Compounding of Offences) Regulations, 1978 Factories and Machineries (Lead) Regulations, 1984 Factories and Machineries (Asbestos Process) Regulations, 1986 Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986
Factories and Machinery (Noise Exposure) Regulations,1989
Factories and Machinery (Mineral Dust) Regulations, 1989
